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Legal responsibility of a medical doctor
Hamran, Richard ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
LEGAL LIABILITY OF A DOCTOR The purpose of my thesis is to analyse briefly the issue of legal liability of a doctor for his professional duties. Stemming form relevant legislation, the doctor owes many duties and responsibilities and his failure to obey them properly could lead to various liabilities. The aim of the paper is not to consider in a detail all the questions concerning the liability of the doctor. On the contrary, I try to outline particular kinds of the doctor's liability in a systematic way and furthermore to scrutinize some partial issues relating thereto. The reason that led me to my research is the fact that the more human rights are recognized the more prudent and diligent the doctor must be while treating his patients. Legal approach towards medical treatment has changed over past few decades but is the society and especially affected professionals ready for this change? This thesis is divided into two parts having eight chapters altogether. Each of chapters deals with different aspects of the subject matter. The introductory chapter points out basics of the medical law and gives a brief look at the evolution of a legal approach towards the liability of the doctor during ages. The rest of the first part briefly characterizes common premises of the legal liability in general and...
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Criminal Law and Euthanasia
Dřímal, Pavel ; Císařová, Dagmar (advisor) ; Vokoun, Rudolf (referee)
Euthanasia represents one of the most controversial topics around the world. As I mentioned in the first chapter there is no worldwide consistency whether to accept the idea of legalization Active Voluntary Euthanasia ("AVE") or not. The goal of this diploma thesis is not to persuade anybody. In approximately 60 pages of the text I am providing readers with some essential information about euthanasia in the Czech Republic. I am also trying to compare the foreign legal regulation of euthanasia and assisted suicide but theoretical ideas as well. The first chapter is mainly trying to capture the reader's focus and setting the theme of my diploma thesis. The second chapter of my thesis is called ,,The Term Euthanasia". This chapter provides readers with several definitions of euthanasia and Physician Assisted Suicide ("PAS") as well as some historic data. The act of euthanasia has its origin in Greek. First word euthanasia is mentioned in old Greek literature. The term euthanasia is composed from two Greek words. Eu which means good or normal and Thanatos which means death. The word euthanasia can be literally translated as a "good death". It should be mentioned that during the centuries the meaning of euthanasia has changed. Today's understanding of euthanasia is ending ones life in order to relieve...
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Criminal and criminological aspects of murder
Hořák, Jaromír ; Fenyk, Jaroslav (advisor) ; Císařová, Dagmar (referee) ; Púry, František (referee)
English abstract Legal and Criminological Aspects of Intentional Homicide JUDr. Jaromír Hořák The study explores selected problems on the subject of intentional homicide that has key importance in terms of differentiation of these delicts through the introduction of privileged and qualified factums of crime. Until recently, all cases of intentional homicide except of infanticide were considered "murder" under article No. 219 of the former Czechoslovak criminal code of 1961. The new Czech penal code passed in 2009 replaces this uniformed conception by a terminological bipartition of "murder" and a less grave crime of "manslaughter", defined as committed in an excusable state of sudden strong mental agitation or as motivated by previous damnable actions of the victim. Furthermore, the new penal code returns to the traditional distinction between "simple murder" and "murder committed with aforethought or after premeditation". The study endeavors to present a comprehensive commentary on the elements of this new system of homicide law. Therefore it examines the cases of intentional killings committed in a state of a strong non- pathological affect (agitation), further it deals with the issue of provocation of the offender by the victim and eventually it concentrates on the qualifying criteria of premeditation....
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Criminal recidivism
Vejběrová, Andrea ; Císařová, Dagmar (advisor) ; Šámal, Pavel (referee) ; Kalvodová, Věra (referee)
The submitted work, as follows from its title, is concerned with criminal recidivism, in the first part primarily from a criminological perspective, while the second part of the work then deals particularly with the perspective of criminal law. As there has been a tendency to neglect recidivism in the professional literature in recent years, this work attempts to provide an overall summary of the subject of criminal recidivism while endeavouring to mention the most important aspects that are closely related to recidivism. Consequently, the introductory part of the work is devoted to a general delimitation of criminal recidivism and its various forms. The work attempts to make a basic excursion into this subject area while simultaneously endeavouring to evaluate the effectiveness of the commonest approaches employed in connection with criminal recidivism, primarily in relation to the current legislation in this country and abroad. In the context of foreign legislation and especially of the application of life sentences in the most serious cases of recidivism in some countries (including the former legislation in the Czech Republic) as obligatory punishment, considerable space is devoted here to the "three strikes law", which is applied primarily in the U.S.A. and, recently, also by our Slovak...
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Basic rights of the patients
Fedrová, Michaela ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Resume in English The thesis Basic rights of the patients compares two systems of law, the Czech and the French one. This work introduces the resources of legal adjustments of the both law systems in the area of medical law. Later on it deals with the relation doctor - patient, the interpretation of which is absolutely different in both countries. France has been proud of its contractual relations since the thirties of the 20th century, while the Czech republic can be characterized with more of a paternalistic relation. The separate basic rights are arranged according to their importance in this thesis. The author introduces the international legal form, then the local variant, the French legal form being given the advantage. In the conclusion of some chapters the reader will find a short resume, evaluation of pluses and minuses and a short lay-out of the new legal modifications or inspiration for the lawmakers. First of all the right to life and the right to protection of human personality are being dealt with. These rights are the top values of the human society, that is why they are protected by the normatives of the top legal force. Within these rights the author renders especially the criminal responsibility of the medical staff, mainly in connection with taking an active part in euthanasia or suicide....
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Euthanasia (in terms of some European countries - comparison)
Matuchová, Helena ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Résumé Euthanasia is and always will be a hot topic of very heated debate among both non specialists and experts. The purpose of my thesis is to provide the reader with information about euthanasia and a list of rules dealing with the issue of euthanasia in selected countries. The introduction outlines the problems of euthanasia. The second chapter is devoted to clarifying the content of the notion of euthanasia, which comes from the Greek word for the phrase, "eu" meaning good and "thanatos" meaning death, a "good death", sometimes we can also meet the looser translation of euthanasia as a beautiful death. The content of the notion of euthanasia in the course of history changed. Today we see euthanasia as an act which one person intentionally ends the life of another person's own request with the intent to end her suffering. In the chapter are identified and defined forms of euthanasia, especially active and passive. The third chapter deals with the European Union's attitude to euthanasia. No law of the European Union explicitly addressed the euthanasia. Health policy in principle falls within the competence of national governments. And every Member State has its own position on the issue of euthanasia. In this chapter, I mention the idea and recommendations of the Council of Europe, though it isn't the...
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Selected aspects of the legal relationship between a doctor, parents and a minor patient - criminal aspects
Smrčková, Zuzana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The selected aspects of the legal relationship of doctor, parents and minor patient - the criminal aspects. (Abstract) This paper discusses various legal aspects of the relationship, which may arise between a minor patient, his parents and his doctor (or other appropriate health professional). The most important general rule holds good also in the Czech healthcare law. The general rule says that any interference with bodily integrity, and therefore each therapeutic medical intervention, can take place only with the consent of the patient. To be eligible to make such an agreement is a crucial legal capacity according to the arrangements of the Czech Civil Code. If someone is not eligible in this way about himself decide to grant consent to an intervention, it must be done by his legal guardian. In the case of minors it is usually intended by both parents. The most important regulation of the legal issues that arise in the care of the patient is found in Act No. 20/1966 Coll. Health Care. However from the perspective of the Convention on Human Rights and Biomedicine this regulation appears to be somewhat outdated and patients and physicians (as well as other medical staff) find the law like overly complex, unintelligible and therefore unsuitable for their use. Unfortunately this law should help and serve...
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The principle of discretionary evaluation of evidence in Czech case law
Vopršal, Ondřej ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
The aim of this thesis is to represent in detail one of the fundamental principles of the Czech criminal procedure, the principle of free evaluation of evidence. At first the thesis deals with theoretical aspects of this principle, since they are almost unavailable in the modern literature. The author afterwards analyses the extensive judicature of Czech courts (including the Constitutional court) related to general issues of evaluation of evidence as well as to particular means of proof. The thesis also contains proposals of legislative changes, as the legal regulation of criminal procedure seems to be no longer satisfactory.
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Transsexuality and legal aspects of the change of sex
Šoltísová, Eva ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
RESUMÉ Transsexualism and the Legal Aspects of Sex Change Transsexualism is a problem which most people consider to be sociological, psychological or medical. But transsexual people probably see on many occasions that it is also a problem of law. From the very first moment these people have to deal with a lot of inconveniences, such as disclosing their disorder to their families and friends as well as to their employers and officers, a lot of administrative problems, including changing their names, changing birth certificates and also problems such as using public restrooms during their "real-life test" or accomodation in a hospital or in a prison. In addition to that, as with every social minority, there is wide room for discrimination, hate crimes and in some countries even prosecution by the state. The sex reassignment can cause some other legal questions. Is there a right to a legal sex change for transsexual people? Can they marry after the sex change? Should they be able to adopt children? Should there be a right for a transsexual person to be registered as the father of a child who was born as a result of artificial insemination by donor? What happens with the birth certificate of a child when one of the parents changes sex? Lets look at this issue from another point of view. What are the conditions...
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